RAJ KISHORE SUMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE writ petitions have been heard together because all contain a challenge to vires of the Bihar Coaching Institute (Control and Regulation), Act,2010 ( hereinafter referred to as 'the Act') or to some of its provisions. Petitioners are individuals or associations who are carrying on work of teaching or coaching by way of professions or occupation.

(2.) ON behalf of petitioners certain provisions, such as those under Sub-section (4) of Section 3, Section 4 and Section 6 of the Act have been assailed, mainly on the touchstone of Article 19(1) (g ) of the Constitution of India. The contention is that several provisions or requirements in the offending part of the Act have placed unreasonable restrictions upon fundamental right guaranteed to all citizens to practice any profession, or to carry on any occupation, trade or business. Secondly, some of the petitioners have challenged the whole Act on the ground that the State Legislature does not have the legislative competence to enact such a legislation because the topic- 'Education' mentioned in Entry 25 of List III of Schedule VII of the Constitution should not be given such wide meaning so as to cover the training given by private Coaching Institutes to its students.

(3.) THE challenge on the ground of Article 19(1)(g) of the Constitution of India is specifically directed against some provisions in Sub-section (4) of Sections 4 and 6 of the Act which are extracted herein below for easy reference :- Section 3 (4) :